What did the Tribunal hold?

Following the decision of the Madras High Court, the ITAT granted the assessee liberty to restore the appeal if the Vivad Se Viswas scheme declaration was not in their favour. The appeal was dismissed as withdrawn.

The assessee filed an appeal before the ITAT. At the time of hearing, it was noted that the assessee had opted for the 'Direct Tax Vivad Se Viswas Scheme, 2020'. The appeal was pending disposal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas Scheme, with liberty to restore.

Rishiroop Polymers P.Ltd vs ITO | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Hearing: 17.03.2021Pronounced: 17.03.2021

O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP: This appeal of assessee is arising out of the order of the Commissioner of Income Tax (Appeals)]-8, Mumbai, [in short CIT(A)], in Appeal No. CIT(A)-8/IT-792/2016-17 dated 26.03.2019. The assessment was framed by the Dy. Commissioner of Income Tax, Circle-3(3)(1), Mumbai (in short DCIT/ AO), for the A.Y. 2013-14 vide order dated 02.03.2016 under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

After hearing the learned Sr. DR and perusing the records, it is noticed that the assessee is opting for ‘Direct Tax Vivad Se Viswas Scheme, 2020’. In view of the decision of Hon'ble High Court of Madras in the case of Nannusamy Mohan (HUF) vs. ACIT in I.C.A. No.372 of 2020 dated 16.10.2020, wherein Hon'ble High Court after considering the intent of the assessee to avail the benefit of ‘Direct Tax Vivad Se Viswas Scheme, 2020’ has dismissed the appeal by observing in Para 7 to 9 as under: - “7. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders.

In the light of the above, we direct the appellant/ assessee to file the Form No.I on or Order pronounced in the open court on 17.03.2021.

RISHIROOP POLYMERS P.LTD,MUMBAI vs. ITO 3(3)(1), MUMBAI

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